Case: Warren v. Xerox Corporation

1:01-cv-02909 | U.S. District Court for the Eastern District of New York

Filed Date: May 9, 2001

Clearinghouse coding complete

Case Summary

On May 9, 2001, several former and current African-American employees of Xerox filed a lawsuit against the company in the U.S. District Court for the Eastern District of New York. Represented by private counsel, the plaintiffs filed the lawsuit on behalf of themselves and others similarly situated, alleging that Xerox engaged in a pattern and practice of racial discrimination in violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the 1991 Civil Rights Act (42 …

On May 9, 2001, several former and current African-American employees of Xerox filed a lawsuit against the company in the U.S. District Court for the Eastern District of New York. Represented by private counsel, the plaintiffs filed the lawsuit on behalf of themselves and others similarly situated, alleging that Xerox engaged in a pattern and practice of racial discrimination in violation of Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e et seq.) and the 1991 Civil Rights Act (42 U.S.C. § 1981a et seq.). Specifically, the plaintiffs alleged that Xerox (1) assigned black sales employees to inferior sales territories, (2) refused to promote or transfer them to more lucrative territories, (3) denied them commissions they had earned, and (4) retaliated against black sales employees who attempted to assert their civil rights. The plaintiffs sought injunctive relief, back pay, front pay, compensatory and punitive damages, and attorneys' fees.

On March 16, 2007, the parties filed a Proposed Consent Decree, which the Court (Judge John Gleeson) approved via an Order and Final Judgment on September 19, 2008. For the purposes of the settlement, the Court certified a class comprising of "African Americans who are or were employed by Xerox in a Sales Representative position with USCO, XBS or NASG, or their successor organizations, at any time from February 1, 1997 through April 3, 2008 holding a quota-bearing Sales Territory assignment and who are or were part of the commissioned sales workforce."

Under the Consent Decree, Xerox agreed to create a task force comprised of Xerox personnel that was designed to evaluate the existence of racially-based disparities with respect to compensation, assignments, and other work conditions. Subsequently, the task force would draft a list of recommendations, which Xerox would then be required to implement. In addition to providing this injunctive relief, Xerox was required to pay $12 million dollars in monetary relief through the establishment of a settlement fund. Class members received compensatory damages through this fund, and the plaintiffs' attorneys' fees were also paid out of this fund. Likewise, each of the named plaintiffs received incentive awards of $5,000 that were paid out of the Settlement Fund. Under its stated terms, the consent decree remained in effect for three years. The case is now closed.

Summary Authors

Jordan Rossen (1/17/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4325669/parties/warren-v-xerox-corporation/


Judge(s)

Gleeson, John (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Bradley, Diane (District of Columbia)

Brown, Jeffrey Kevin (New York)

Fraser, Neil (New York)

Ostrove, Frederic (New York)

Weprin, Barry (New York)

Attorneys(s) for Defendant

D'Angelo, Christopher A. (New York)

Ulterino, Eugene D. (New York)

Ventry, Amy L. (New York)

Judge(s)

Gleeson, John (New York)

Reyes, Ramon E. Jr. (New York)

Attorneys(s) for Plaintiff

Bradley, Diane (District of Columbia)

Brown, Jeffrey Kevin (New York)

Fraser, Neil (New York)

Ostrove, Frederic (New York)

Weprin, Barry (New York)

Attorneys(s) for Defendant

D'Angelo, Christopher A. (New York)

Ulterino, Eugene D. (New York)

Ventry, Amy L. (New York)

Documents in the Clearinghouse

Document

1:01-cv-02909

Docket [PACER]

Dec. 8, 2009

Dec. 8, 2009

Docket
79

1:01-cv-02909

Proposed Consent Decree

March 16, 2007

March 16, 2007

Settlement Agreement
100

1:01-cv-02909

Memorandum and Order (Approving Settlement)

Sept. 19, 2008

Sept. 19, 2008

Order/Opinion
101

1:01-cv-02909

Order and Final Judgment

Sept. 19, 2008

Sept. 19, 2008

Order/Opinion
111

1:01-cv-02909

Report & Recommendation

Dec. 8, 2009

Dec. 8, 2009

Magistrate Report/Recommendation

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4325669/warren-v-xerox-corporation/

Last updated Aug. 28, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed and summons(es) issued for Xerox Corporation FILING FEE $ 150.00 RECEIPT # 246447 (Bowens, Priscilla) (Entered: 05/10/2001)

May 9, 2001

May 9, 2001

PACER

CASE REFERRED to Magistrate Roanne L. Mann (Bowens, Priscilla)

May 9, 2001

May 9, 2001

PACER
2

RETURN OF SERVICE executed as to Xerox Corporation 5/18/01 (Piper, Francine) (Entered: 06/05/2001)

June 1, 2001

June 1, 2001

PACER
3

STIPULATION and ORDER, dft's time to answer the complaint is extended to 7/25/01. Any request for a pre-motion conference must be made no later than 7/18/01. ( signed by Judge John Gleeson, on 6/12/01) c/m (Piper, Francine) (Entered: 06/13/2001)

June 13, 2001

June 13, 2001

PACER
4

Disclosure of interested parties by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER
5

ANSWER with Affirmative Defenses to Complaint by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/09/2001)

Aug. 9, 2001

Aug. 9, 2001

PACER
6

STIPULATION extending time for dft Xerox to answer/respond to the complaint to 8/8/01. (signed by Judge John Gleeson, on 8/13/01) c/m (Lee, Tiffeny) (Entered: 08/15/2001)

Aug. 15, 2001

Aug. 15, 2001

PACER
7

ORDER setting an initial conference for 12:00 on 9/20/01 . All counsel must be present. (Signed by Magistrate Roanne L. Mann on 8/15/01). (DiLorenzo, Krista) (Entered: 08/16/2001)

Aug. 16, 2001

Aug. 16, 2001

PACER
8

Calendar entry: Before Magistrate Judge Mann on 9/20/01. Initial conf. held. Next settlement conference set for 10:00 on 6/27/02 . Phase I discovery to be completed by 5/31/01. Automatic disclosure is complete. Phase I of discovery will consist of in depth discovery on the named pltfs and those in their CBUS, and more general nationwide discovery (statistical evidence and EEO complaints), to be discussed among counsel. Pltfs' Rule 26 statistical expert disclosure shall be served by 3/29/02; dfts' by 5/17/02. all other expert disclosure (including depositions) is deferred. (DiLorenzo, Krista) (Entered: 09/21/2001)

Sept. 20, 2001

Sept. 20, 2001

PACER
9

STIPULATION and ORDER Governing the Production and Exchange of Confidential Information. (Signed by Magistrate Roanne L. Mann on 2/4/02). See order for further details and conditions. Copies faxed by Chambers. (DiLorenzo, Krista) (Entered: 03/04/2002)

March 4, 2002

March 4, 2002

PACER
11

LETTER dated 3.25.2 from Barry A. Weprin to USMJ Mann requesting that scheduled discovery deadlines be extended. (Noh, Kenneth) (Entered: 03/27/2002)

March 25, 2002

March 25, 2002

PACER
10

Revised SCHEDULING ORDER; plts shall submit their FRCP26 expert disclosure by 5.29.2; dft shall submit its FRCP26 expert disclosure by 7.17.2; Phase I discovery is to be completed by 7.31.2; a settlement conf shall be held on 9.12.2 @ 2pm. (signed by Magistrate Roanne L. Mann on 3.25.2). (Noh, Kenneth) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

PACER
12

ORDER for Diane Bradley, esq. to appear pro hac vice; Fee #: 25.00 Receipt #: 259372 . (Signed by Judge John Gleeson on 3/26/02). C/M. (DiLorenzo, Krista) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

PACER
13

Notice of MOTION for Douglas Hoffman, Esq. to appear pro hac vice; Fee #: 25.00; Receipt #: 259370 . Motion hearing not set . (DiLorenzo, Krista) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

PACER
14

ORDER granting [13-1] motion for Douglas Hoffman, Esq. to appear pro hac vice; Fee #: 25.00; Receipt #: 259370. (Signed by Judge John Gleeson on 3/26/02). C/M. (DiLorenzo, Krista) (Entered: 03/27/2002)

March 27, 2002

March 27, 2002

PACER
15

REVISED SCHEDULING ORDER setting Settlement Conference by 10:00 on 1/15/03; Pltfs. shall submit expert disclosure by 10/31/02; dft. shall submit expert disclosure by 12/1/302; Phase I discovery is to be completed by 12/20/02. (Signed by Magistrate Roanne L. Mann on 5/24/02). C/M by Chambers. (DiLorenzo, Krista) (Entered: 05/30/2002)

May 30, 2002

May 30, 2002

PACER
16

ORDER granting parties' request to extend the discovery schedule as follows: pltfs. expert disclosure due on 1/31/03; dft's expert disclosure due on 3/21/03; Phase I discovery is to be completed by 1/31/03. The 1/15/03 settlement conf. is adjourned to 4/16/03 at 10:00 . (Signed by Magistrate Roanne L. Mann on 10/28/02). See letter dated 10/25/02 from Christopher D'Angelo and Douglas Hoffman to Magistrate Judge Mann. Copies faxed by Chambers on 10/29/02. (DiLorenzo, Krista) (Entered: 10/29/2002)

Oct. 29, 2002

Oct. 29, 2002

PACER
17

ORDER: Phase I discovery does not include depositions of potential class members who are not named pltfs. (Signed by Magistrate Roanne L. Mann on 12/23/02). See letter dated 12/18/02 from Christopher D'Angelo and Douglas Hoffman to Magistrate Judge Mann. Copies faxed by Chambers on 12/23/02. (DiLorenzo, Krista) (Entered: 12/26/2002)

Dec. 26, 2002

Dec. 26, 2002

PACER
18

REVISED SCHEDULING ORDER: Pltf's expert disclosure due on 2/21/03; dft's expert disclosure due on 4/11/03. Settlement conf. set for 4/16/03 at 10:00. (Signed by Magistrate Roanne L. Mann on 2/3/03). Copies faxed by Chambers on 2/4/03. (DiLorenzo, Krista) (Entered: 02/05/2003)

Feb. 5, 2003

Feb. 5, 2003

PACER
19

Calendar entry: Settlement conf held 4/16/03 before MJ Mann. Counsel for both sides present. The parties shall, by 4/28/03, respond to the court's settlement proposal. If no settlement, the parties shall, by 5/2/03, submit to Judge Gleeson a joint proposed scheduled for briefing pltfs' class certification motion. (Fahey, Lauren) (Entered: 04/17/2003)

April 16, 2003

April 16, 2003

PACER
20

ORDER granting parties' request to extend time to respond to the court's recommendation to 5/5/03 and an extension of time to submit a proposed scheduling order to 5/9/03 . (Signed by Magistrate Roanne L. Mann on 4/28/03). See letter dated 4/25/03 from Christopher D'Angelo to Magistrate Judge Mann. Copies faxed by Chambers on 4/28/03. (DiLorenzo, Krista) (Entered: 04/29/2003)

April 29, 2003

April 29, 2003

PACER
21

ORDER, endorsed on letter dated 5/9/03: Briefing schedule for motion for class certification set as follows: Motion due 5/30/03; Opposition due 7/16/03; Reply due 8/28/03. Motion referred to MJ Mann for R&R. Signed by Judge John Gleeson on 5/14/03. C/Faxed by chambers.(Fahey, Lauren) (Entered: 05/19/2003)

May 19, 2003

May 19, 2003

PACER
22

Letter dated 5/30/2003 from Douglas Hoffman to Christopher D'Angelo and Eugene Ulterino, re: enclosure of notice of motion adn aupporting papers. w/o enclosures. (Dobkin, David) (Entered: 06/04/2003)

May 30, 2003

May 30, 2003

PACER
23

Letter dated 7/16/03 from Eugene Ulterino to Barry Weprin, enclosing a courtesy copy of dft's papers in opposition to pltf's motion. W/O enclosures. (DiLorenzo, Krista) (Entered: 07/18/2003)

July 17, 2003

July 17, 2003

PACER
24

MOTION to Certify Class by Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms, Frank Warren. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
25

Memo of Law in Support 24 MOTION to Certify Class filed by Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms, Frank Warren. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
26

Memo of Law in Opposition 24 MOTION to Certify Class filed by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
27

AFFIDAVIT of Edward J. Claschi, Esq. in Opposition re 24 MOTION to Certify Class filed by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
28

AFFIDAVIT of Kevin Zielinski Esq. in Opposition 24 MOTION to Certify Class filed by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
29

AFFIDAVIT of Eugene D. Ulterino, Esq. in Opposition re 24 MOTION to Certify Class filed by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
30

AFFIDAVIT of John DiVincenzo, Esq. in Opposition re 24 MOTION to Certify Class filed by Xerox Corporation. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
31

Appendix A by Xerox Corporation. Cases cited in Xerox' Memo of LAw in opposition to pltfs' motion for class certification with Lexis citations only. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
32

REPLY Memo in further support of 24 MOTION to Certify Class filed by Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms, Frank Warren. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
33

Reply Affirmation of Douglas J. Hoffman, Esq. in Support 24 MOTION to Certify Class filed by Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms, Frank Warren. (DiLorenzo, Krista) (Entered: 08/29/2003)

Aug. 28, 2003

Aug. 28, 2003

PACER
34

ORDER REFERRING MOTION: 24 MOTION to Certify Class filed by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms to Magistrate Judge Mann. Signed by Judge John Gleeson on 9/16/03. C/M by Chambers.(DiLorenzo, Krista) (Entered: 09/19/2003)

Sept. 19, 2003

Sept. 19, 2003

PACER
35

ORDER signed by Magistrate Judge Roanne L. Mann on 10/3/03 setting an oral argument for 10/10/03 at 10:30. Copies faxed by Chambers on 10/3/03.(DiLorenzo, Krista) (Entered: 10/06/2003)

Oct. 6, 2003

Oct. 6, 2003

PACER
36

ENDORSED ORDER signed by Magistrate Judge Roanne L. Mann on 10/8/03 granting Xerox's application in part and denied in part. Xerox may serve and submit its expert's sur-reply by 10/10/03 at 5:00. Copies faxed by Chambers on 10/8/03.(DiLorenzo, Krista). (Entered: 10/14/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
37

Dft's sur-reply expert report in Opposition 24 MOTION to Certify Class . (Forwarded to Chambers). (DiLorenzo, Krista) (Entered: 10/20/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
38

Minute Entry for proceedings held before Magistrate Judge Mann: Settlement Conference held on 10/14/2003. The court hears oral argument on pltfs' motion for class certification. With the parties' consent, the court also conducts settlememt discussions. The parties shall have until 11/7/03 to respond to the court's proposal. (DiLorenzo, Krista) (Entered: 10/21/2003)

Oct. 14, 2003

Oct. 14, 2003

PACER
39

TRANSCRIPT of Proceedings/Oral Argument held on 10/14/03 before Magistrate Mann. Court Transcriber: Aria Transcriptions c/o Elizabeth Barron. (88 pages) (Guzzi, Roseann) (Entered: 12/22/2003)

Dec. 2, 2003

Dec. 2, 2003

PACER
40

REPORT AND RECOMMENDATION: It is the recommendation of this Court that the District Court bifurcate the liability and remedial phases of this litigation and certify the following class pursuant to Rule 23(b)(2), for liability and class-wide injunctive and declaratory relief on plts' disperate impact and treatment claims: all black Zerox sales representatives who (within the applicable statutes of limitation) have been, continue to be, or may in the future be, affected by dft's alleged pattern and practice of racial discrimination in assignments of sales territories, promotions and compensation. Plts' requests for certification of their retaliation claim and for the creation of subclasses should be denied at this time. Re: 24 MOTION to Certify Class filed by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms. Objections to R&R due by 2/9/2004. Signed by Judge Roanne L. Mann on 1/26/04. (Nieves, Adrian) (Entered: 01/30/2004)

Jan. 30, 2004

Jan. 30, 2004

PACER
41

OBJECTION to 40 Report and Recommendations by Xerox Corporation. (DiLorenzo, Krista) (Entered: 02/17/2004)

Feb. 10, 2004

Feb. 10, 2004

PACER
42

Dft. by Xerox Corporation's memo of law in support of objections to the report and recommendation. (DiLorenzo, Krista) (Entered: 02/17/2004)

Feb. 10, 2004

Feb. 10, 2004

PACER
43

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 40 Report and Recommendations and denying pltfs' requests for certifications of their retaliation claims and for the creation of subclasses. See order for further details and conditions. Signed by Judge John Gleeson on 3/11/04. C/M. (Forwarded for judgment). (DiLorenzo, Krista) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

PACER
44

NOTICE of Change of Law Firm Name by pltfs' counsel. Docket sheet updated. (DiLorenzo, Krista) (Entered: 05/13/2004)

May 10, 2004

May 10, 2004

PACER
45

ENDORSED ORDER signed by Magistrate Judge Roanne L. Mann on 6/1/04 directing the parties to confer by 6/7/04 and to submit a joint proposed schedule for further proceedings. Copies faxed by Chambers on 6/1/04. (DiLorenzo, Krista) (Entered: 06/04/2004)

June 4, 2004

June 4, 2004

PACER
46

ORDER signed by Magistrate Judge Roanne L. Mann on 6/8/04: A settlement conf. will be held on 1/11/05 at 11:00; joint pretrial order shall be submitted by 3/1/05. Any dispute about notice to the class should be addressed to Judge Gleeson. Copies faxed by Chambers on 6/9/04. (DiLorenzo, Krista) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
47

Letter dated 6/7/04 from Eugene Ulterino to Magistrate Judge Mann, requesting an extension of the scheudling order. (DiLorenzo, Krista) (Entered: 06/15/2004)

June 15, 2004

June 15, 2004

PACER
48

Letter dated 6/8/04 from Barry Weprin to Magistrate Judge Mann, requesting that the court approve the proposed class notice and to order Xerox to produce to pltfs. the last known address of each class member. (DiLorenzo, Krista) (Entered: 06/28/2004)

June 28, 2004

June 28, 2004

PACER

Case reassigned to Judge Kiyo A. Matsumoto. Judge Roanne L. Mann no longer assigned to the case. (Villanueva, William)

July 15, 2004

July 15, 2004

PACER

ORDER: The above-captioned matter has been reassigned from Magistrate Judge Roanne L. Mann to Magistrate Judge Kiyo Matsumoto for pretrial supervision. All previous orders and scheduled conferences remain in effect. The settlement conference scheduled for 1/11/05 at 11:00 a.m. will proceed before Magistrate Judge Kiyo Matsumoto, Room 208. Plaintiff's counsel is requested to confirm with the parties that all necessary participants are aware of this conference. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. (Matsumoto, Kiyo)

July 31, 2004

July 31, 2004

PACER
50

Minute Entry for proceedings held before John Gleeson : Status Conference held on 8/2/2004. (Piper, Francine) (Entered: 08/04/2004)

Aug. 2, 2004

Aug. 2, 2004

PACER
49

ORDER directing that notice, as modified, be provided to the plaintiff class. Signed by Judge John Gleeson on August 3, 2004. (Gleeson, John) (Entered: 08/03/2004)

Aug. 3, 2004

Aug. 3, 2004

PACER
51

Letter dtd June 18, 2004 to Judge John Gleeson from Barry A. Weprin, asking the Court to approve their enclosed proposed class notice and to order Xerox to produce to plaintiff's the last known address of each class member. (Schillat, Louise) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

PACER
52

Letter dtd June 22, 2004 to Judge John Gleeson from Eugene D. Ulterino, in response to plaintiff's request for the issuance of class notice. Plaintiff's request should be denied. (see letter for details).(Schillat, Louise) (Entered: 08/17/2004)

Aug. 17, 2004

Aug. 17, 2004

PACER
53

Letter dtd. 12/22/04 from counsels for pltffs and deft to Judge Matsumoto, requesting an extension of the discovery deadline in this captioned matter. (Layne, Monique) (Entered: 01/12/2005)

Dec. 22, 2004

Dec. 22, 2004

PACER

ORDER The parties are directed to particiapte in a telephone conference before the undersigned magistrate judge on 12/30/04 at 3:00PM. Defendant's counsel will initate the call. So Ordered. Signed by Judge Kiyo A. Matsumoto on 12/23/04. (Kabrawala, Ameet)

Dec. 23, 2004

Dec. 23, 2004

PACER

Minute Entry for status conference before Magistrate Judge Kiyo A. Matsumoto on 12/30/2004. Plaintiffs appeared by Barry Weprin, Esq. and Doug Hoffman, Esq. Defendant appeared by Eugene Ulterino, Esq., Steve Jones, Esq. and Amy Ventry, Esq. The conference was scheduled after the parties requested that they be permitted to submit an amended discovery schedule by 1/31/05, which would extend the current discovery schedule beyond the 12/31/04 deadline. At the conference, the parties reported that their experts are reviewing voluminous data bases and will require additional time to formulate their reports. The parties further reported that they wish to take approximately 30 additional depositions. The court ordered as follows: At a telephone status conference scheduled for 4:00 p.m. on 1/14/05, the parties should be prepared to advise the court of the earliest possible date by which their experts can provide reports, and to propose a schedule for the depositions of the additional witnesses, the completion of all remaining discovery, and a settlement conference. The settlement conference scheduled for 1/11/05 is adjourned and will be rescheduled at the 1/14/05 conference. (Matsumoto, Kiyo)

Dec. 30, 2004

Dec. 30, 2004

PACER

ORDER Due to a conflict with the Court's schedule, the telephone status conference on January 14, 2005 at 4:00 p.m. has been rescheduled to January 20, 2005 at 9:00 a.m. Signed by Judge Kiyo A. Matsumoto on 01/12/05. (Pekar, Theresa)

Jan. 12, 2005

Jan. 12, 2005

PACER

Minute Entry for status conference before Magistrate Judge Kiyo A. Matsumoto on 1/20/2005. Plaintiffs appeared by Barry Weprin, Esq., Doug Hoffman, Esq. and Diane Bradley, Esq. Defendant appeared by Eugene Ulterino, Esq., Steve Jones, Esq. and Amy Ventry, Esq. The parties reported that both of their statistical experts would need five months to analyze the voluminous computerized data produced by the defendants and that the parties wish to depose approximately 30-40 additional fact witnesses. The parties further agreed that settlement discussions would be premature at this time. The court ordered as follows: (1) Fact and expert discovery will proceed simultaneoulsy. All fact discovery must be completed by 6/30/05. Plaintiffs shall produce their experts' reports and disclosures on or before 6/30/05. Defendant shall produce its experts' reports and disclosures on or before 7/31/05. (2) A telephone status conference, to be initiated by plaintiffs' counsel, will take place on 3/22/05 at 9:30 a.m. (Matsumoto, Kiyo)

Jan. 20, 2005

Jan. 20, 2005

PACER
54

NOTICE of Consent to Change Attorney by Amy Laura Ventry to Change Lead Attorney to Be Noticed (Ventry, Amy) (Entered: 01/20/2005)

Jan. 20, 2005

Jan. 20, 2005

PACER
55

STIPULATION, that Eugene D. Ulterino be substituted as attorney for dft Xerox Corporation in place and stead of Christopher A. D'Angelo. (Signed by Judge John Gleeson on 1/24/05) (Piper, Francine) (Entered: 02/04/2005)

Feb. 4, 2005

Feb. 4, 2005

PACER

Minute Entry for proceedings held before Kiyo A. Matsumoto : Status Conference held on 3/22/2005. Plaintiffs appeared by Barry Weprin, Esq. Defendant appeared by Eugene Ulterino, Esq. The parties reported that expert and fact discovery are in progress and that they expect to meet the discovery dates discussed and ordered by the court at the 1/20/05 conference. After the plaintiffs produce their experts' reports and disclosures on 6/30/05, the parties will participate in a telephone status conference, to be initiated by plaintiffs' counsel, on 7/12/05 at 9:00 a.m. to discuss the scheduling of a settlement conference. (Matsumoto, Kiyo)

March 22, 2005

March 22, 2005

PACER
56

Letter from Diane Bradley to Honorable Kiyo A. Matsumoto Regarding Request for Extension of Discovery Deadline. (Barravecchio, Robert) (Entered: 06/17/2005)

June 17, 2005

June 17, 2005

PACER

ORDER re 56 Letter dated 6/16/05: Application granted. Discovery shall be completed by August 30, 2005. Plaintiffs' expert report and disclosures due by August 30, 2005, and defendant's expert report and disclosures due by September 30, 2005. The telephone status conference scheduled for July 12, 2005 is adjourned to September 8, 2005 at 9:30 a.m. So Ordered by Judge Kiyo A. Matsumoto on 6/20/05. (Matsumoto, Kiyo)

June 20, 2005

June 20, 2005

PACER

ELECTRONIC ORDER: The Court is in receipt of a letter application by defendant Xerox's counsel, dated 8/24/05 (not filed via ECF), to strike plaintiffs' designation of an additional expert. Any responses to this letter shall be filed within three business days of its electronic filing. So Ordered by Judge Kiyo A. Matsumoto on 8/25/05. (Kabrawala, Ameet)

Aug. 25, 2005

Aug. 25, 2005

PACER
57

Letter MOTION to Strike Plaintiffs' Expert Disclosure by Xerox Corporation. Responses due by 9/1/2005 (Attachments: # 1 Exhibit A (portion of Expert's C.V.)# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Ventry, Amy) (Entered: 08/29/2005)

2 Exhibit A (portion of Expert's C.V.)

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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Aug. 29, 2005

Aug. 29, 2005

PACER
58

Letter from Counsel for Xerox to Magistrate Judge Matsumoto Regarding database production issues. (Ventry, Amy) (Entered: 08/31/2005)

Aug. 31, 2005

Aug. 31, 2005

PACER
59

Letter from Counsel for Plaintiffs to Magistrate Judge Matsumoto Regarding a request for an extension of the discovery deadline and to address a destruction of documents issue. (Attachments: # 1 Exhibit A)(Barravecchio, Robert) (Entered: 09/01/2005)

2 Exhibit A

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Sept. 1, 2005

Sept. 1, 2005

PACER
60

Letter from Counsel for Plaintiffs to Magistrate Judge Matsumoto Regarding a response to defendant's August 24, 2005, letter requesting that the court strike plaintiffs' expert disclosure. (Barravecchio, Robert) (Entered: 09/01/2005)

Sept. 1, 2005

Sept. 1, 2005

PACER
61

Letter from Counsel for Xerox to Magistrate Judge Matsumoto Regarding Plaintiffs' Expert Disclosure and Other Discovery Issues. (Ventry, Amy) (Entered: 09/07/2005)

Sept. 7, 2005

Sept. 7, 2005

PACER
62

Minute Entry for proceedings held before Kiyo A. Matsumoto: Telephone Conference held on 9/8/05. See Attached. (Kabrawala, Ameet) (Entered: 09/08/2005)

Sept. 8, 2005

Sept. 8, 2005

PACER
63

AFFIDAVIT of Amy L. Ventry by Xerox Corporation. (Ventry, Amy) (Entered: 09/30/2005)

Sept. 30, 2005

Sept. 30, 2005

PACER
64

Letter from Diane Bradley to Honorable Kiyo A. Matsumoto Regarding Request for Extension of Plaintiffs' Expert Report Deadline. (Barravecchio, Robert) (Entered: 11/03/2005)

Nov. 3, 2005

Nov. 3, 2005

PACER
65

Letter from Eugene Ulterino to Judge Kiyo Matsumoto Regarding Warren v. Xerox. (Attachments: # 1 Appendix Appendix 2 to Letter to Judge Matsumoto)(Ulterino, Eugene) (Entered: 11/08/2005)

2 Appendix Appendix 2 to Letter to Judge Matsumoto

View on PACER

Nov. 8, 2005

Nov. 8, 2005

PACER
66

ORDER re docket nos. 64 and 65 : Plaintiffs shall provide their expert disclosures and report to defendant by12/2/05; defendant shall provide its responsive expert disclosures and report toplaintiffs by 2/3/06. The settlement conference scheduled for 1/25/06 is adjourned to 2/10/06 at 9:00 AM. Settlement position statements shall be submitted to chambers by no later than 12:00 PM on 2/9/06. So Ordered by Judge Kiyo A. Matsumoto on 11/10/05. (Kabrawala, Ameet) (Entered: 11/10/2005)

Nov. 10, 2005

Nov. 10, 2005

PACER
67

Minute Entry for proceedings held before Kiyo A. Matsumoto : Settlement Conference held on 2/10/2006. Plaintiffs appeared with Barry Weprin, Esq., Robert Barravecchio, Esq. and Diane Bradley, Esq. Defendant appeared by Eugene Ulterino, Esq. and Amy Ventry, Esq. The parties negotiated in good faith but did not resolve this action. Defendant is to advise plaintiff by 2/24/06 whether it will engage in private mediation and, if so, the parties will attempt to mediate this action before 3/31/06, and report the outcome to the court. If the defendant does not engage in mediation, the parties shall seek a pre-motion conference before Judge Gleeson, with a proposed briefing schedule, by 3/10/06. (Matsumoto, Kiyo) (Entered: 02/10/2006)

Feb. 10, 2006

Feb. 10, 2006

PACER
68

Letter regarding mediation by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms. (Weprin, Barry) (Entered: 02/23/2006)

Feb. 23, 2006

Feb. 23, 2006

PACER
69

ORDER re 68 2/23/06 Letter filed by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms regarding mediation. The parties shall report to the undersigned within two business days after the mediation is completed regarding the outcome of the mediation. Ordered by Judge Kiyo A. Matsumoto on 2/25/06. (Matsumoto, Kiyo) (Entered: 02/25/2006)

Feb. 25, 2006

Feb. 25, 2006

PACER
70

Letter Updating Status of Mediation Efforts by Xerox Corporation. (Ventry, Amy) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

PACER
71

STATUS REPORT regarding Mediation by Frank Warren. (Barravecchio, Robert) (Entered: 06/05/2006)

June 5, 2006

June 5, 2006

PACER
72

NOTICE of Change of Firm Address by Amy Laura Ventry with Affidavit of Service (Ventry, Amy) (Entered: 08/23/2006)

Aug. 23, 2006

Aug. 23, 2006

PACER

SCHEDULING ORDER re doc. no. 71, Letter dated 6/5/06: On 6/5/06, the parties had advised the Court that they contemplated submitting a proposed consent decree to the Court for approval. To date, no such documentation has been filed. Accordingly, the parties shall advise the Court, in writing, by no later than 8/28/06, regarding the status of their settlement negotiations and when they expect to file any settlement documents with the Court. So Ordered by Judge Kiyo A. Matsumoto on 8/23/06. (Kabrawala, Ameet)

Aug. 23, 2006

Aug. 23, 2006

PACER
73

STATUS REPORT August 28, 2006 Letter Regarding Settlement by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms. (Barravecchio, Robert) (Entered: 08/28/2006)

Aug. 28, 2006

Aug. 28, 2006

PACER

STATUS REPORT ORDER: The parties shall advise the Court, in writing, by no later than 10/10/06, regarding the status of their settlement negotiations and when they expect to file any settlement documents with the Court.So Ordered by Judge Kiyo A. Matsumoto on 10/3/06. (Kabrawala, Ameet)

Oct. 3, 2006

Oct. 3, 2006

PACER
74

Letter re: Status on proposed Consent Decree by Frank Warren. (Weprin, Barry) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

PACER
75

Letter reporting on status of settlement agreement by Xerox Corporation. (Ventry, Amy) (Entered: 10/20/2006)

Oct. 20, 2006

Oct. 20, 2006

PACER

ORDER: Re 75 Letter. On or before 2/24/07, the parties shall electronically file a stipulation of dismissal for Judge Gleeson's signature. Ordered by Judge Kiyo A. Matsumoto on 1/25/07. (Williams-Jackson, Sandra)

Jan. 25, 2007

Jan. 25, 2007

PACER
76

Letter MOTION for Extension of Time to File Consent Decree and Related Documents by Frank Warren, Clifford Brooks, Alicia Dean-Hall, Kenneth Jimerson, Dora Miller, Gene Simms. (Weprin, Barry) (Entered: 02/22/2007)

Feb. 22, 2007

Feb. 22, 2007

PACER

ORDER: Earlier today, I denied a telephonic request by the parties to submit a document to the Court without filing it in the public file. That request was denied. I am now in receipt of a faxed application to reconsider that denial. The application to reconsider is denied. The alternative application by defendant to file the document under seal is denied without prejudice to submitting an application setting forth the reasons why the document should be filed under seal (along with the document or documents in question). Ordered by Judge John Gleeson on March 7, 2007. (Gleeson, John)

March 7, 2007

March 7, 2007

PACER
77

ORDER denying application to file proposed consent decree, accompanying exhibits, and proposed preliminary approval order under seal. See attached order for details. Ordered by Judge John Gleeson on March 14, 2007. (Gleeson, John) (Entered: 03/14/2007)

March 14, 2007

March 14, 2007

PACER

ORDER denying 76 Motion for Extension of Time to File. (Ordered by JudgeJohn Gleeson on 3/14/07) (Piper, Francine)

March 14, 2007

March 14, 2007

PACER
78

Letter to Hon. John Gleeson from Barry Weprin re: Proposed Order and Suggested Dates by Frank Warren (Weprin, Barry) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

PACER
79

SETTLEMENT AGREEMENT (Proposed Consent Decree with Exhibits) by Frank Warren (Attachments: # 1 Text of Proposed Order (Preliminary Order for Notice and Hearing in Connection with Settlement Proceedings)) (Weprin, Barry) (Entered: 03/16/2007)

2 Text of Proposed Order (Preliminary Order for Notice and Hearing in Connection w

View on PACER

March 16, 2007

March 16, 2007

PACER
80

ORDER directing counsel to submit written answers to certain questions by April 23, 2007. See attached order for details. Ordered by Judge John Gleeson on April 16, 2007. (Gleeson, John) (Entered: 04/16/2007)

April 16, 2007

April 16, 2007

PACER
81

First MOTION for Extension of Time to File Response to Order of April 16, 2007 by all plaintiffs. (Weprin, Barry) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER

ORDER: The joint application for an enlargement of the time in which my order of April 16, 2007 directed the parties to submit certain supplemental information, 81, is granted. The submissions shall now be filed on or by April 30, 2007. Ordered by Judge John Gleeson on April 20, 2007. (Gleeson, John)

April 20, 2007

April 20, 2007

PACER
82

MOTION for Settlement Response to Order of April 16, 2007 by all plaintiffs. (Weprin, Barry) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

PACER

ORDER: Counsel are directed to appear on Friday, May 18, 2007 at 10:00 a.m. for a conference on the request for preliminary approval of the proposed class settlement. Ordered by Judge John Gleeson on May 10, 2007. (Gleeson, John)

May 10, 2007

May 10, 2007

PACER
83

NOTICE of Conference Adjournment as per letter fax: the Conference originally set for 5/18/2007 has been adjourned to 6/6/2007 at 11:30 AM in 6C South before Judge John Gleeson. Defense counsel is directed to notify all parties involved. (Tzou, Ilene) (Entered: 05/14/2007)

May 14, 2007

May 14, 2007

PACER

Case Details

State / Territory: New York

Case Type(s):

Equal Employment

Special Collection(s):

IWPR/Wage Project Consent Decree Study

Key Dates

Filing Date: May 9, 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Black current or former sales employees of Xerox filing on behalf of themselves and all similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Xerox Corporation, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $12,000,000

Order Duration: 2008 - 2011

Content of Injunction:

Recordkeeping

Discrimination Prohibition

Auditing

Reporting

Issues

General:

Pattern or Practice

Retaliation

Discrimination-area:

Demotion

Discipline

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Pay / Benefits

Promotion

Discrimination-basis:

Race discrimination

Race:

Black